Raphael Miles v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: November 4, 2015
• Docket: 82A01-1505-CR-494
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), Nov 04 2015, 9:41 am this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

APPELLANT PRO SE ATTORNEYS FOR APPELLEE Raphael Miles Gregory F. Zoeller Greencastle, Indiana Attorney General of Indiana

Christina D. Pace Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA Raphael Miles, November 4, 2015 Appellant-Defendant, Court of Appeals Case No. 82A01-1505-CR-494 v. Appeal from the Vanderburgh Circuit Court State of Indiana, The Honorable David D. Kiely, Appellee-Plaintiff. Judge Trial Court Cause No. 82C01-0004-CF-472

Bradford, Judge.

Case Summary

Court of Appeals of Indiana | Memorandum Decision 82A01-1505-CR-494 | November 4, 2015 Page 1 of 4 [1] In June of 2001, Appellant-Defendant Raphael Miles was convicted of two

counts of Class B felony dealing in cocaine and one count of Class A

misdemeanor dealing in marijuana. Miles was also determined to be a habitual

offender. On June 27, 2001, the trial court sentenced Miles to an aggregate term

of thirty-five years. The trial court awarded Miles credit for 261 days actual

time served in confinement while awaiting sentencing as well as 261 days good

time credit.

[2] On April 16, 2015, Miles filed a petition for jail time credit, alleging that the

trial court failed to award him the 261 days good time credit to which he was

entitled. The trial court denied Miles’s motion. Because the record indicates

that Miles was awarded all of the requested credit time, we conclude that the

trial court acted within its discretion in denying Miles’s motion.

Facts and Procedural History [3] In July of 1999, Appellee-Plaintiff the State of Indiana (the “State”) charged

Miles with two counts of Class B felony dealing in cocaine and one count of

Class A misdemeanor dealing in marijuana. In February of 2001, the State

filed an allegation that Miles was a habitual offender. Following a jury trial,

Miles was found guilty of all three dealing charges. Miles subsequently

admitted to being a habitual offender.

[4] On June 27, 2001, the trial court sentenced Miles to an aggregate term of thirty-

five years. The trial court awarded Miles credit for 261 days actual time served

Court of Appeals of Indiana | Memorandum Decision 82A01-1505-CR-494 | November 4, 2015 Page 2 of 4 in confinement while awaiting sentencing. The trial court also awarded Miles

credit for an additional 261 days of good time credit.

[5] On April 16, 2015, Miles filed a petition for jail time credit, alleging that the

trial court had failed to award him the 261 days good time credit to which he

was entitled. The trial court subsequently denied Miles’s motion. This appeal

follows.

Discussion and Decision [6] On appeal, Miles contends that the trial court abused its discretion in denying

his petition for an addition 261 days of jail credit time. We review the denial of

Miles petition to correct an allegedly erroneous sentence for an abuse of

discretion. Felder v. State, 870 N.E.2d 554, 560 (Ind. Ct. App. 2007). “An abuse

of discretion will be found only when the trial court’s decision is against the

logic and effect of the facts and circumstances before it.” Id.

[7] In raising the contention that the trial court abused its discretion in denying his

petition for jail time credit, Miles argues that the trial court’s abstract of

judgment does not clearly reflect whether he was awarded 261 days of good

time credit to which he was entitled. Review of the entire record, however,

clearly demonstrates that the trial court awarded Miles the full amount of credit

that Miles sought in his petition for jail time credit. The record reflects that the

trial court awarded Miles credit for both the 261 days actual time served in

confinement prior to sentencing plus 261 days good time credit. Thus, because

Court of Appeals of Indiana | Memorandum Decision 82A01-1505-CR-494 | November 4, 2015 Page 3 of 4 Miles had already received the full amount of credit time sought in his petition

for jail time credit, we cannot say that the trial court abused its discretion in

denying Miles’s petition.1

[8] The judgment of the trial court is affirmed.

May, J., and Crone, J., concur.

1 Because we have elected to decide Miles’s appeal on the merits, we deny the State’s motion to dismiss in an order handed down simultaneously with this memorandum decision.

Court of Appeals of Indiana | Memorandum Decision 82A01-1505-CR-494 | November 4, 2015 Page 4 of 4